Bill Summary for H 865 (2019-2020)

Summary date: 

Apr 17 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 865 (Public) Filed Tuesday, April 16, 2019
AN ACT TO REMOVE THE TWELVE-MONTH WAITING PERIOD BEFORE A PERSON MAY PETITION THE COURT FOR A CERTIFICATE OF RELIEF IF CERTAIN REQUIREMENTS ARE MET, TO PROHIBIT A PRIVATE ENTITY FROM CHARGING A PERSON A FEE TO DELETE CRIMINAL HISTORY RECORD INFORMATION, AND TO MAKE IT AN UNFAIR AND DECEPTIVE TRADE PRACTICE FOR A PRIVATE ENTITY TO FAIL TO DELETE CRIMINAL HISTORY RECORD INFORMATION WITHIN A CERTAIN PERIOD OF TIME AFTER RECEIVING NOTICE TO DELETE THE INFORMATION.
Intro. by John, Clemmons, R. Smith.

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Bill summary

Part I.

Amends GS 15A-173.2, which sets out a 12-month waiting period before a person may petition the court for a certificate of relief. Adds an exception to the waiting period for a person who provides proof that the individual (1) has been of good behavior during completion of the individuals's sentence or (2) has completed a program to further the individual's education or vocation skills or a program to address the individual's substance abuse or mental health disorder. Applies to petitions filed on or after December 1, 2019.

Part II.

Amends GS 15A-152 (concerning civil liability for disseminating certain criminal history information) by adding that the deletion of a criminal history record by a private entity in the business of compiling and disseminating such information is done without charge to the person who is the subject of the record. Specifies that criminal history record information includes any photo taken of a person pursuant to arrest. Also adds that disseminating information in violation of the statute is an unfair and deceptive trade practice. Effective December 1, 2019. 

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